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Existence of an alternative rational conclusion insufficient to overturn disciplinary determination

Existence of an alternative rational conclusion insufficient to overturn disciplinary determination
Peil v Beirne, 2010 NY Slip Op 03453, Decided on April 27, 2010, Appellate Division, Second Department

Marguerite Beirne, as Chief Information Officer of the Westchester County Department of Information Technology, adopted the findings and recommendation of the disciplinary hearing officer who found Scott Peil guilty of certain charges. The hearing officer's recommendation: Peil be terminated from his employment as a Senior Maintenance Mechanic with the Westchester County Department of Information Technology.

The Appellate Division rejected Peil's appeal, holding:

1. The existence of another, alternative rational conclusion does not warrant annulment of the appointing authority?s deciding that Peil was guilty of the charges preferred against him, citing Incorporated Vill. of Lake Success v New York State Public Employment Relations Board, 41 AD3d 599; and

2. Security records were properly admitted into evidence by disciplinary hearing officer.

3. Under the circumstances, the appointing authority's imposing the penalty of dismissal "does not constitute an abuse of discretion as a matter of law."

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03453.htm

Full post as published by New York Public Personnel Law on May 10, 2010 (boomark / email).